I have a few questions and concerns regarding the K-1 visa! Please Help!

[LouisePaul 0]

Yes you are right I changed my response earlier when I saw my mistake.

Oh sorry I didn't see that lol - was just making sure

[LouisePaul 0]

Okay so basically we need to either be able to find an advocate of support (can they be retired? do they have to be currently employed? and side note do they have to be related to you?) or show he has an income that can follow him to the US and prove that he has 55k in assets?

And even with no income I'll still be the sponsor.

Also side note, I have never filed for taxes because I have not reached the income requirement to pay taxes, do I have to send anything off anywhere to make a note of this?

Is that right?

Thank you so much for your help!

Louise

Edited July 3, 2012 by LouisePaul

[LouisePaul 0]

Also another question I keep hearing that you need 3 years of tax returns, if we did self sponsor would he still need 3 years of tax returns? I've also heard people saying you only need one, which is it? lol

Thank you for your help!!

Louise

[Dave&Roza 748]

They want to see sustained income, not just started making that. They do occasionally accept the beneficiary's income if it will be maintained after coming to the USA, but given he's just started making this money its pretty iffy they'll accept his income. And they want a USC on the hook as the sponsor. Even with no income, you have to be the sponsor. You're probably going to need a co-sponsor. Now to add a bit more trouble, sorry, the embassy is not required to accept a co-sponsor for K-1 visas. They are required to accept co-sponsors for a CR-1 visa. The local UK forum can give you an idea of how accepting they are of co-sponsors at the UK embassy.

The Sponsor and co-sponsor is Embassy specific and this person is stating what the norm is for the PI not the UK. You will need to show income for the I-134 and then more importantly the I-864 for AOS. Your husband cannot legal y work in the US until he receives his EAD or GC unless his job in the UK can continue after he arrives in the US and it is legal. It sounds like you will need to find a co-sponsor for both the Embassy phase for the I-134 and then again for the AOS for the I-864. It is harder for the I-864 as this is a legally bind contract between the sponsor and the US government that the sponsor with re-pay the US government any mean tested benefits the petitioner receives until the conditions are met. Some people may not sign such a document for just anybody. I would start lookig for a co-sponsor or a job that pays you the USC about $24,000 per year.

Good luck,

Dave

Edited July 4, 2012 by Dave&Roza

[Que Saudade 284]

I just read somewhere that someone did bring their US citizen to their interview and they were allowed in with them.

Yes, depending on the particular country's consulate, the petitioner may be allowed into the interview. However, it is not required. A large number of people go to the interview for their K1 alone and are approved. I went to Mari's interview in Brazil and was allowed into the interview and was even asked questions. I went because we were hoping that she was approved and I helped her pack up and we flew back together 10 days later. In my opinion, this is minor compared to your affidavit of support issue. It would probably benefit you far greater to concentrate on procuring a job back here in the US rather than making it to the interview. The government’s concern is that the beneficiary does not becomes a “charge” to the state. That is the purpose of the affidavit of support.

Okay so basically we need to either be able to find an advocate of support (can they be retired? do they have to be currently employed? and side note do they have to be related to you?) or show he has an income that can follow him to the US and prove that he has 55k in assets?

And even with no income I'll still be the sponsor.

Yes, in your scenario you will need a co-sponsor. The only requirement is that they meet the financial criteria set forth in the poverty guideline. USCIS Poverty Guidelines

You pointed out that the asset route will not work for him based on another response you received.

His income over there is not considered because he will be leaving that job and coming to the states. As someone else pointed out, until he receives his employment authorization card, he can not legally work here in the US after his arrival. There are some exceptions to this much like you mentioned, but I don’t know enough about them to say anything. It looks like they would not apply in your case anyhow. However, it will not hurt to examine this further.

Yes, you will fill out an affidavit of support as well as your co-sponsor.

Also another question I keep hearing that you need 3 years of tax returns, if we did self sponsor would he still need 3 years of tax returns? I've also heard people saying you only need one, which is it?

The tax returns you are referring to are required of the petitioner (you). In some cases it is one and others have had to furnish three. Either way, you have none based on one of your responses.

We really don't want to be apart again as you could imagine, lol 3 yrs apart is long enough! Is there any likely hood that we could get to the interview before I have to fly back?

None of us wants to be apart. Keep in mind that it may still be more than 6 months before you get to the interview stage. I hope not, but in reality, this could happen. Some people, unfortunately, have gone longer until the interview stage.

We were doing this on our own, I don't have anyone in the US who could sponsor us. We read somewhere that he could be the sponsor. I don't know what to do now, any advice?

It would be maintained after coming to the US. I don't have any family members in the US who could help us, its all up to us.

In your original post you said this, “My family said they would support him and provided a bank statement along with all of the other necessary paperwork.” Has this since changed? They seemed willing to help then and this would be far less costly than assisting with college.

It appears your only option is to find a co-sponsor. Either way, it would vastly benefit you to get a job as there are more fees that will be coming your way when you file for adjustment of status.

Here is a thought I just had, “Have you considered getting married and staying there? If he has a good job there, it could be an option." (just food for thought).

I hope this sheds a little more light. I don’t think you are doomed, I think that you may have to readjust your timing a little. I hope things work out very well for you. Everyone here on VJ has gone through the same frustrations as you guys are going through. This process definitely tests your patience and sanity. But, isn’t love worth all of it?? I definitely think so. I remember the wait and how awful it was, but it all went away the moment we were approved and now we are happily married and waiting for Marina’s adjustment of status to go through.

I apologize if I jumped around a little. I tried to answer your different questions individually.

Mari and I wish you guys the best of luck and good fortune on your life together.

Edited July 4, 2012 by John & Mari

[Nich-Nick 3,355]

Here is a thought I just had, “Have you considered getting married and staying there? If he has a good job there, it could be an option." (just food for thought)..

That's not likely any better option unless they apply this week. On Monday, new strict rules go into effect in the UK.

Her fiancé would need an income of £18,600 which is about $28,300 in US dollars. Sounds like he just made it to the lower US mark. It will take 5 years for the American spouse to gain permanent residence with income having to be proven twice more in that time. They get to live there but it's not permanent until they've done paperwork and financials a total of 3 times in the 5 years....beginning, middle, end. No co-sponsors are allowed

[LIFE'SJOURNEY 970]

Hello all! My fiancé and I hoping to get some advice and help with our K-1 visa!

First a quick run down of our situation:

I'm the US Citizen and he's the UK Citizen

My fiancé and I met in November 2006 shortly after we started dating online. Seven months later he flew out to america so we could meet, he stayed for 3 months then went back to England, 20 days later he flew back out for another 3 months then again returned back to England. Ten months later he was able to fly back out again and stayed for 3 months. Upon his arrival customs held him for 2 hours and told him he can stay for the 3 months but would not be able to come back to america without a visa, and if he tried it again he would be de-ported. So we looked into visas, and at the time the student visa seemed like the best option, our local collage had a program and we got everything all okayed by the school. He even booked another flight to go home a week early so he would be able to make it back in time for beginning of the school year.

My family said they would support him and provided a bank statement along with all of the other necessary paperwork.

His visa was denied because the interviewer said her friends wouldn't give her that kind of money and she didn't think it was creditable. Due to financial reasons and the visa being denied we weren't able to see each other for 3 years but talked every day and was able to keep our relationship going. This January we were finally able to see each other again and on March 1st I flew out to England! I arrived and we decided to apply for the K-1 visa so we got engaged and we submitted I-129F, on March 29th they received it and sent us our NOA1. We decided to change my flight so I could stay the full 6 months (I was already planning to stay 3) and hopefully I'd still be here for the interview. Looking back that might have been a misjudgement? I'm still not entirely sure. I'm leaving for America on August 27th.

Our only concern for not getting our visa the income. He has his own business developing apps and makes more money than the government poverty line but he only started making that much at the very beginning of this year (hence being able to see each other again since January it just took time to get my passport and everything all planned out), meaning he doesn't have tax returns for the past 3 years showing enough income, just this year, are we doomed? :|

We really don't want to be apart again as you could imagine, lol 3 yrs apart is long enough! Is there any likely hood that we could get to the interview before I have to fly back?

And if not is there any way I could come back if the interview happens after I have to go so I can be here for the interview? ie if the interview happens in October could I fly out again for the interview?

I'm also slightly confused by the process of it all, We sent off our I-129F and received our NOA1 and to my understanding the next step will be getting our NOA2 and then he'll have to have a medical and gather all the documents and proof we have for the interview? Is this correct or am I missing something?

Also I've read a lot of interview questions and some slightly confuse me, one person was asked when their wedding date was, how are you supposed to plann everything before you even know if your going to get your visa?

Sorry for the long winded-ness.

Thank you so much for your help in advance!!

Louise

What happen to your family that was going to sponsor him for the student visa, can't they sponsor for the K-1?

[Que Saudade 284]

That's not likely any better option unless they apply this week. On Monday, new strict rules go into effect in the UK.

Her fiancé would need an income of £18,600 which is about $28,300 in US dollars. Sounds like he just made it to the lower US mark. It will take 5 years for the American spouse to gain permanent residence with income having to be proven twice more in that time. They get to live there but it's not permanent until they've done paperwork and financials a total of 3 times in the 5 years....beginning, middle, end. No co-sponsors are allowed

thanks for sharing some of England's requirements. Looks like things are getting tough all over.